South Africa Case Law

Democratic Alliance and Another v Mangaung Metropolitan Municipality and Others (21 January 2025) (1330/2024)

Democratic Alliance and Another v Mangaung Metropolitan Municipality and Others (21 January 2025) (1330/2024) [2025] ZAFSHC 13 (21 January 2025)

Court

Free State High Court, Bloemfontein

Case number

1330/2024

Judge

Mbhele

The court found that the SAPS did not fail in their constitutional mandate. The evidence showed that SAPS assisted the Sheriff in executing the court order, deployed a significant number of officers, and made arrests. The DA failed to provide clear evidence of inadequacy in SAPS intervention or irrationality in the decision to arrest only 24 individuals out of a much larger group. The SAPS acted within their discretion, balancing the need to maintain public order, protect lives, and treat unlawful occupiers with dignity. The responsibility for executing the eviction order lay primarily with t…

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• Execution Of Court Orders
• Land Invasion
• Police Constitutional Duties
• Prevention Of Illegal Eviction Act
• Trespass
• Municipal Land Management

Dihlabeng Local Municipality v Khumalo and Another (2706/2024)

Dihlabeng Local Municipality v Khumalo and Another (2706/2024) [2024] ZAFSHC 398 (19 December 2024)

Court

Free State High Court, Bloemfontein

Case number

2706/2024

Judge

Hefer AJ

The court found that the respondents are unlawful occupiers under the PIE Act, as they occupy the property without the express or tacit consent of the registered owner, the municipality. The respondents' version of acquiring occupation through a councillor and municipal official was accepted as fact but did not confer legal authority, as only the municipal council can allocate or sell municipal land. The court considered the duration of occupation, the manner in which occupation was effected, and the respondents' investment in the property. The applicant failed to act promptly to prevent the…

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• Eviction Under Pie Act
• Unlawful Occupation
• Municipal Land Management
• Building Regulations Compliance
• Demolition Order
• Just And Equitable Eviction

Department of Agriculture, Land Reform and Rural Development v Mosweu and Others (M287/22)

Department of Agriculture, Land Reform and Rural Development v Mosweu and Others (M287/22) [2024] ZANWHC 9 (18 January 2024)

Court

North West High Court, Mafikeng

Case number

M287/22

Judge

A Reddy

The court granted final interdictory relief against unlawful land occupation, authorized removal of unoccupied structures, and limited demolition of occupied structures under PIE.

• Prevention Of Illegal Eviction Act
• Final Interdict
• Joinder
• Res Judicata
• Condonation
• Municipal Land Management

Walter Sisulu Local Municipality v Mdumise and Others ; Provincial Government; Eastern Cape Province v Member of the Executive Council Department of Human Settlements, Province of the Eastern Cape and Others (423(a)/2020; 509/2020)

Walter Sisulu Local Municipality v Mdumise and Others ; Provincial Government; Eastern Cape Province v Member of the Executive Council Department of Human Settlements, Province of the Eastern Cape and Others (423(a)/2020; 509/2020) [2020] ZAECGHC 28 (24 March 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

423(a)/2020; 509/2020

Judge

N G Beshe

The High Court confirmed interdicts against unlawful occupation of land in two linked matters, but ordered each party to pay its own costs.

• Unlawful Occupation
• Interdict
• Costs Order
• Municipal Land Management
• Unlawful-occupation
• Costs-order

JR209 Investments (Pty) Ltd and Others v Homeless People Housing Cooperative Limited and Others (24505/2019)

JR209 Investments (Pty) Ltd and Others v Homeless People Housing Cooperative Limited and Others (24505/2019) [2019] ZAGPPHC 187 (26 April 2019)

Court

North Gauteng High Court, Pretoria

Case number

24505/2019

Judge

Millar

The High Court found the first respondent in contempt of a prior urgent order and imposed a suspended fine, while postponing contempt relief against the seventh respondent.

• Civil Contempt Of Court
• Urgent Interdict
• Unlawful Occupation
• Municipal Land Management
• Civil-contempt
• Urgent-applications

Emthanjeni Local Municipality v South African National Civic Organisation (SANCO) and Others (442/15)

Emthanjeni Local Municipality v South African National Civic Organisation (SANCO) and Others (442/15) [2015] ZANCHC 36 (23 October 2015)

Court

Northern Cape High Court, Kimberley

Case number

442/15

Judge

BM Pakati

The High Court confirmed interdicts against unlawful occupation and shack building on municipal land, holding that housing grievances do not justify self-help.

• Unlawful Occupation
• Interdict
• Right To Housing
• Municipal Land Management
• Rule Nisi Confirmation
• Unlawful-occupation

Stad Kaapstad v Onwettige Okkupeerders van Erf41078 Mitchells Plain en Anders (9855/2011)

Stad Kaapstad v Onwettige Okkupeerders van Erf41078 Mitchells Plain en Anders (9855/2011) [2011] ZAWCHC 538 (30 August 2011)

Court

Western Cape High Court, Cape Town

Case number

9855/2011

Judge

Erasmus

The court declared unlawful occupation of municipal land in Mitchells Plain, ordered eviction by 26 September 2011, and required meaningful engagement on relocation.

• Unlawful Occupation
• Eviction
• Right To Housing
• Municipal Land Management
• Interdict
• Meaningful Engagement